Insights on Labor, Employment & OSHA

Chambers USA: America’s Leading Lawyers for Business has recognized 30 Arent Fox LLP attorneys as leaders in their field.

Between December 2017 and April 2018, the New York City Council, New York State Assembly, and federal lawmakers have instituted several new requirements with regards to workplace sexual harassment.

On April 9, 2018, the US Circuit Court of Appeals for the Ninth Circuit held, in an en banc decision, that employers cannot rely on an employee’s past salary to justify disparities in compensation between men and women.

Importers of known industries where North Korean forced labor is used, such as footwear, textiles, seafood, mining, pharmaceuticals, and logging, must exert caution or be prepared to face the consequences.

The US Department of Labor (DOL) Wage & Hour Division (WHD) recently issued an opinion letter, FLSA2018-18 with guidance concerning its obligation to compensate employee travel-time under the Fair Labor Standards Act.

For the past several years, plaintiffs’ lawyers have been targeting businesses’ ecommerce websites with claims that they deny individuals with disabilities equal access to goods and services, in violation of Title III of the Americans with Disabilities Act (ADA).

The Ninth Circuit U.S. Court of Appeals held Monday, on the eve of National Equal Pay Day, that it violates the Equal Pay Act to use pay history to justify wage gaps between male and female employees for the same or substantially similar work.

The Supreme Court of Virginia reversed a lower court decision in December 2017, finding that false reps and warranties leading into an acquisition is fraud.

A three-judge panel on the US Court of Appeals for the Fourth Circuit issued a unanimous decision holding that Smithfield Packing Co. Inc. could not be held liable under Title VII of the Civil Rights Act of 1964 for sexual harassment.

The federal Fair Labor Standards Act (FLSA) requires that employers pay overtime based on an employee’s “regular rate” of pay.

The Wage and Hour Division of the United States Department of Labor announced on March 6, 2018 that it will launch a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which is designed to facilitate resolution of potential overtime and minimum wage violations

In a 10-3 en banc decision with numerous concurring and dissenting opinions, the US Court of Appeals for the Second Circuit recently reversed its own precedent to hold, for the first time, that discrimination on the basis of sexual orientation is prohibited by Title VII of the Civil Rights Act of 19

This year, Arent Fox recognizes Partner Richard Webber and Associates Cesar Francia and Karen Van Essen for pro bono work that consistently goes above and beyond with comprehensive, long-term projects and deep dedication.

On February 26, 2018, the National Labor Relations Board (NLRB or Board) (3-0, Member Emanuel did not participate) issued an Order vacating the Board’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017), in light of the determination by the Board’s

As non-compete agreements have become more widely used, they have also come under more scrutiny. Legislative efforts and judicial action in Illinois reflect a growing trend at the state-level to impose limitations on non-competition agreements.

In a recent speech, the head of the Antitrust Division of the US Department of Justice (DOJ) once again warned companies about the antitrust risks of certain agreements among employers not to hire each other’s employees.

On December 29, 2017, the California Court of Appeal issued a long-awaited decision confirming.

Thanks to the Maryland General Assembly’s override of Governor Larry Hogan’s veto, the Maryland Healthy Working Families Act (the Act) will go into effect on February 11, 2018, unless its implementation date is extended by the legislators.

The DOL will adopt the “primary beneficiary” test endorsed by those courts in evaluating internships sponsored by private employers.

Arent Fox LLP is pleased to announce the election of 10 new partners and two new counsel, effective January 1, 2018.

The Supreme Court of California unanimously reversed the Fifth District Court of Appeal and upheld the constitutionality of an amendment establishing a Mandatory Mediation and Conciliation process for “first contract” negotiations extending beyond 90 days.

The National Labor Relations Board has reinstated a previous long-standing rule, holding that union employers do not have to bargain over “changes” to employment terms as long as they are consistent with past practice.

FCRA claims have been on the rise, particularly those alleging employers’ background check authorization forms contain unlawfully extraneous information.

NLRB recently overturned a case that had established a standard for evaluating the legality of employer handbook policies.